LBR 5003-2. RECORDS AND FILES

LBR 5003-2. RECORDS AND FILES

(a) Records and Files.
(1) When Order Required. No records or objects belonging to the files of the court
may be taken from the office or custody of the clerk except upon written order of
the court.
(2) Form of Receipt. Any person removing records pursuant to this rule must give the
clerk a receipt containing the following information:
(A) The name, address, and telephone number of the person removing the records or objects;
(B) An itemized description of the records or objects removed;
(C) The date of removal;
(D) The place in which records or objects will be used or kept; and
(E) The estimated date of return to the clerk of the records or objects.
(3) Exception for Court Staff. The provisions of this rule do not apply to a judge,
members of a judge’s staff, magistrate judge, court recorder, clerk, clerk’s staff, or
courtroom deputy requiring records or objects in the exercise of their official duties. Any court officer removing records or objects must provide the clerk with a receipt in the form required by subsection (a)(2) of this rule.
(b) Removal of Contraband. Contraband of any kind coming into the possession of the clerk must be turned over to an appropriate governmental agency which will destroy or otherwise dispose of the contraband as provided by law. The agency must give the clerk a receipt for the contraband in the form required by subsection (a)(2) of this rule.
(c) Confidential Court Records.
(1) Filing under Seal. Subject to 11 U.S.C. § 107, a paper may not be filed under seal without a prior written order of the court. If a filing under seal is requested, a
written motion and a proposed order must be presented to the judge along with the
paper submitted for filing under seal. The proposed order must authorize the
sealing of the paper and, if appropriate, the motion and order as well. The original
and judge’s copy of the paper must be sealed in separate envelopes with a copy of
the title page attached to the front of each envelope. Copies to be conformed need
not be placed in sealed envelopes. The motion, paper submitted for filing under
seal, and proposed order must not be filed by electronic means. The documents
must be filed with the court non-electronically. If the court denies the motion, the
paper submitted to be filed under seal will be returned to the movant unless
otherwise ordered.
(2) Disclosure of Sealed Papers. No sealed or confidential record of the court
maintained by the clerk will be disclosed except upon written order of the court.
A party seeking disclosure of sealed or confidential court records must file and
serve a motion pursuant to LBR 9013-1. The motion must state with particularity
the need for specific information in such records.
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